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DEAR BUREAUPAT

Can my supervisor make me get a doctor's note when I'm sick? Bureaupat takes on another HR question...

By Bureaupat Aug 25, 2010

Dear Bureaupat,

I've been sick several times this month and my supervisor is asking for a doctor's note. I feel like I'm being punished. What makes my supervisor think he can do this?

Dear Sicko,

From your question, I can't tell if your supervisor is out of line or if you might be abusing sick leave to combat a recurring case of the "Mondays."

The first thing that may surprise you is that you do not have the right to take sick leave whenever you feel like it. Whether you are an employee in the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS), sick leave may be granted by the supervisor for absences for illness, injury, medical or psychological appointments and/or treatment, adoption of a child, or certain circumstances involving contagious diseases in accordance with applicable laws and/or regulations. Additionally, sick leave also may be applied and granted for purposes set forth in the Family and Medical Leave Act and for Sick Leave for Family Care.

While we don't plan for illness, most supervisors are understanding and will grant your leave when you call in with the hoarse voice, cough and wheeze. After all, it is in the best interest of the organization to keep you home so you get better and don't infect the rest of us with the flu, cold or ailment of the week.

Most employees don't abuse sick leave, but conventional wisdom says the abuse that does happen is more prevalent from federal employees in FERS versus CSRS. This stems from the fact that employees in CSRS can accumulate sick leave at retirement, which can add to your total retirement (so instead of retiring with 30 years it could be 31 years if you have a year of sick leave accumulated) which translates into a hirer pension. Employees in FERS receive no such incentive to avoid using sick leave.

We all know sickness is part of the human experience, but even the most naïve supervisor will eventually wise up if you are "sick" every time there is a 3-day weekend or after wild nights out.

So, the answer to your question is... yes, your supervisor can ask for a doctor's note when the supervisor has reasonable grounds to suspect sick leave abuse.

You may be required to provide your supervisor with medical certification:

If you have previously furnished a medical certificate of the chronic condition, you may not be required to furnish a medical certificate on a continuing basis. However, your supervisor may require reasonable updates to the medical certificate;

A good supervisor will notify the employee of the suspected sick leave abuse before taking further action. Perhaps this is what your supervisor is attempting to do.

Additionally, the supervisor may notify you in writing, for a stated period not to exceed six (6) months for the first offense, that you are to be placed on sick leave restriction, and that requests for sick leave will not be approved unless supported by medical certification.

Typically, individuals on leave restriction will be required to furnish medical certification upon return to duty, not later than three (3) business days from his/her return to work.

Ask to meet with your supervisor to clarify his/her concerns about your use of sick leave. If after that meeting you feel that you are being unjustly monitored, meet with your local equal employment office (EEO) to discuss your options.

The Only,
- Bureaupat

www.OhMyGov.com